Malawi Congress Party (MCP) primaries to identify candidates for parliamentary and local government elections face a legal test on May 9 2025 when the High Court of Malawi will rule on their legality.
The pending ruling is based on an application by MCP member Lovemore Chauwa who wants the court to restrain the party from recognising those elected during its primaries as well as to halt the entire process because the mandate of regional committees administering the elections expired.
In October 2024, the applicant and two other MCP members Amos Milanzi and Clement Mwakatundu applied for an injunction to restrain MCP from allowing regional committees to continue performing their duties until proper elections were held.
But in his sworn statement dated February 26 2025, Chauwa said the October application was dismissed because the trio’s lawyer at the time did not comply with the High Court’s directions.
The applicant, who is now being represented by Clement Mwala as a sole claimant, filed for a supplementary order of injunction in February against the ongoing MCP primary elections.
He contends that the regional committees running the elections have no mandate because the party’s constitution requires elections to be conducted every five years while regional elections were last conducted in 2015.
Reads the sworn statement: “By letting the said regional committee members handle the elections, the defendant has perpetuated and is perpetuating an illegality thereby rendering the primary elections illegal and a nullity.”
In an interview yesterday, lawyer representing MCP Abison Chitukula said the party has asked the court to strike out the entire application because the summons is invalid.
He said: “A summon is only valid for three months in the High Court and the proceedings were commenced in November 2024 and summons were served on March 19 2025.”
Chitukula also said the party is at liberty to continue conducting the primary elections until the determination of the court.
Article 25 (1) of the MCP Constitution states that every five years, a regional conference of the party’s constituency, district and regional committees and members of Parliament of a particular region shall convene to elect new regional office bearers.
Presiding judge Mandala Mambulasa heard arguments from the two parties yesterday before setting May 9 2025 as the date for the ruling.
The MCP has been conducting primary elections since February 17 this year to identify parliamentary and local government candidates for the September 16 2025 General Election.
